Is marriage to a divorced Christian woman, without her guardian, but with two witnesses, valid, and is it permissible to divorce her?
Concise Advice:
Since the majority of scholars stipulate the guardian (wali) for marriage, your marriage to a Kitabiyah (woman from the People of the Book) without a wali is invalid according to them, and the guardian's knowledge or approval does not validate it. To rectify the contract, it must be renewed with the woman's guardian or his representative, provided all other pillars are met.
If you wish to separate from her, then divorce her, because the validity of the marriage is disputed. It is valid according to the of Abu Hanifa and becomes binding if ruled upon by a judge or performed by the contracting party in imitation of Abu Hanifa.
If the marriage is valid, you may divorce her if you wish. If it is invalid, then you must divorce her or have the marriage annulled by a judge's ruling.
It is important to note that marriage to a Kitabiyah is only permissible under specific Islamic guidelines.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 132772
- Imported
- Translation status
- Source text, unreviewed
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